Clarence D. Kightlinger - Page 2

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               Respondent determined a deficiency in petitioner's Federal             
          income tax for the taxable year 1993 in the amount of $1,882, as            
          well as an accuracy-related penalty under section 6662(a) for               
          negligence or intentional disregard of rules or regulations in              
          the amount of $376.                                                         
               After a concession by respondent,2 the only issue for                  
          decision is whether petitioner may exclude from gross income                
          under section 104(a)(2) the settlement proceeds that he received            
          during the year in issue.  We hold that petitioner may not                  
          exclude such proceeds under section 104(a)(2).                              
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated, and they are so                
          found.  Petitioner resided in Mishawaka, Indiana, at the time               
          that his petition was filed with the Court.                                 
               Petitioner was employed by Whitehall Laboratories, Inc.                
          (Whitehall) in Elkhart, Indiana, from August 1986 through some              
          time in 1990 or 1991.  Whitehall was a subsidiary of American               
          Home Products Corp. (AHP).  Wyeth-Ayerst Laboratories was a                 
          division of AHP.                                                            

          1 Unless otherwise indicated, all section references are to                 
          the Internal Revenue Code in effect for the taxable year in                 
          issue, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     
          2 Respondent concedes that petitioner is not liable for the                 
          accuracy-related penalty under sec. 6662(a).                                

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